Surendra Sahni @ Nanhaki @ Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53376 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- Mathurapur District- Samastipur ====================================================== Surendra Sahni @ Nanhaki @ Surendra Kumar Son of Sarjug Mistri @ Sarjug Sahni Resident Of Village - Begampur, P.S. - Mathurapur, District - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Mathurapur P.S. Case No. 10 of 2024 registered for the offences punishable under Section 414/34 of the Indian Penal Code.

3. The allegation against the petitioner is to found in possession of stolen motorcycle alongwith other co-accused person namely Manish Kumar.

4. Learned counsel appearing on behalf

Patna High Court CR. MISC. No.53376 of 2024(2) dt.28-08-2024 2/3 of the petitioner submitted that petitioner has been falsely implicated with the present case as alleged stolen motorcycle was recovered from the possession of co-accused Manish Kumar and on the basis of his disclosure petitioner was implicated, without having any connecting evidence. While concluding the argument learned counsel submitted that petitioner found involved in one more case, which is not of similar nature, where he is on bail.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of stolen motorcycle not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.53376 of 2024(2) dt.28-08-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Samastipur/concerned Court below where the case is pending in connection with Mathurapur P.S. Case No. 10 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T